1. Confidentiality of Presentence, Supervised Release, and
Probation Records
U.S. District Court of Maryland Local Rules (December 1, 2025)
RULE 213. SENTENCING
1. Confidentiality of Presentence, Supervised Release, and Probation Records
a) Generally
Unless the Court orders that a presentence report, supervised release report, violation
report, probation record, or portion thereof be placed in the public record, such report or
record is a confidential internal court document to which the public has no right of access.
Except as otherwise authorized by Fed. R. Crim. P. 32, by this Rule, or otherwise by law, the
probation department shall not, unless otherwise ordered by the Court, disclose to any
person any such report or record.
b) Procedure Upon Demand by Judicial Process
When the production of a presentence report, supervised release report, violation
report, probation record, or portion thereof, or the testimony of a probation officer
concerning information learned during the performance of official duty is commanded by
subpoena or other judicial process, the probation officer shall notify the Chief Probation
Officer. The Chief Probation Officer will seek instruction from the Court and request that
the Court issue an appropriate order. Except in the most unusual circumstances, and in
accordance with the Guide to Judiciary Policy, Vol. 20, Ch. 8, § 850(a), the Court shall order
that the probation officer be excused from honoring the subpoena or other judicial process
and that the requested disclosure not be made.
c) Limited Disclosure by Direction of the Chief Probation Officer
The Chief Probation Officer may authorize the disclosure of a presentence report,
supervised release report, violation report, probation record, or portion thereof, to law
enforcement agencies, rehabilitation agencies, and bona fide research agencies for use in the
normal course of their duties. If authorizing such a disclosure, the Chief U.S. Probation
Officer shall promulgate written guidelines to assure the security and confidentiality of the
disclosed information.
d) [Reserved for Future Use]
e) Disclosure of Probation Officer’s Recommendations
Unless otherwise ordered by the presiding judge, the probation officer shall disclose any
recommendations on sentence to the defendant, the defendant’s counsel, and the counsel for
the United States. Any disclosures under this subsection shall not be placed in the public
record, shall remain confidential internal court documents, and shall not be disclosed outside
of the Court except as provided by L.R. 213.
